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(영문) 서울남부지방법원 2016.06.22 2016고단1706
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 2, 2016, from around 07:40 on the same day to around 08:50 on the same day, the Defendant: (a) revoked the fees paid in advance at the victim’s E amusement shop in Gangseo-gu Seoul Metropolitan Government; and (b) did not return the fees despite having been returned from the said employee of the said main store.

The author made a great lusium by asserting it, and flusing another guest into a room in which the other customer exists, and flusing him/her with the remaining remaining in the drinking branch, etc.

Accordingly, the Defendant interfered with the victim's main business by force.

2. On January 2, 2016, the Defendant: (a) was arrested as a current offender of the crime of interference with duties from a slope G, etc. affiliated with the F District of Seoul Police Station in Gangseo-gu Seoul, Seoul, and was transferred to the said F District in front of the parking lot in the process of being transferred to the said district located in Gangseo-gu Seoul, Gangseo-gu; (b) on January 2, 2016, at the place prescribed in paragraph (1) around 09:10; and (c) the Defendant was arrested

“In doing so, as they threaten drinking, their arms were frightened, and assaulted, such as making their arms frighten by hand.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of a flagrant offender by a police officer.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or G;

1. Application of Acts and subordinate statutes to the I Statement;

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of public duties) and the choice of imprisonment for each crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of the recommended sentence on the sentencing guidelines shall be within six months to one year and six months [the basic area of interference with the duties of the task group of interference with the performance of duties] of imprisonment with prison labor for a violation of the performance of official duties, from six months to one year and four months [the basic area of interfering with the performance of official duties (the interference with the performance of official duties, the interference with the performance of duties, the basic area of interfering with the performance of official duties)] by multiple crime processing standards: Imprisonment with prison labor;

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